Parking - Council's Questionable Legal Stance
Discussion
Hi, got a question about the age-old favourite of parking. I've seen Highland Council put out a number of different pieces of information about overnight parking. It seems aimed at those doing the North Coast 500 in motorhomes, caravans, etc.
There's a specific point they repeat and I can't find where it comes from in any legislation. Wondering if anyone has any ideas where the point about activity being contained within the vehicle comes from?
"All roadworthy vehicles may use a designated lay-by to rest... No offence or contravention is committed if the activity is contained within the vehicle. As soon as tables/chairs/cooking etc takes place outside the vehicle then an offence is committed and can be adjudged as “camping”."
Is it just that you can't legally camp in a layby, therefore if they think you're camping, that's not ok? But sleeping within your car for example is fine?
Source (which seems to contain a few errors in citing the legislations):
https://www.highland.gov.uk/news/article/13720/ove...
There's a specific point they repeat and I can't find where it comes from in any legislation. Wondering if anyone has any ideas where the point about activity being contained within the vehicle comes from?
"All roadworthy vehicles may use a designated lay-by to rest... No offence or contravention is committed if the activity is contained within the vehicle. As soon as tables/chairs/cooking etc takes place outside the vehicle then an offence is committed and can be adjudged as “camping”."
Is it just that you can't legally camp in a layby, therefore if they think you're camping, that's not ok? But sleeping within your car for example is fine?
Source (which seems to contain a few errors in citing the legislations):
https://www.highland.gov.uk/news/article/13720/ove...
It’s actually quite clear, if you step back.
Lay-bys are for parking. Camper vans can park and people can sleep in them, as can people in their cars if required. But campers and caravans also have cooking and toilet facilities.
If you pitch a tent,/ piss and s
t in the bushes you are ‘wild camping’ (camping outside of a recognised/licenced campsite) and that is how you will be treated.
I’m guessing that the lay-bys have been overwhelmed with people pitching tents to keep costs down,
Lay-bys are for parking. Camper vans can park and people can sleep in them, as can people in their cars if required. But campers and caravans also have cooking and toilet facilities.
If you pitch a tent,/ piss and s
t in the bushes you are ‘wild camping’ (camping outside of a recognised/licenced campsite) and that is how you will be treated.I’m guessing that the lay-bys have been overwhelmed with people pitching tents to keep costs down,
whiteyB said:
Hi, got a question about the age-old favourite of parking. I've seen Highland Council put out a number of different pieces of information about overnight parking. It seems aimed at those doing the North Coast 500 in motorhomes, caravans, etc.
There's a specific point they repeat and I can't find where it comes from in any legislation. Wondering if anyone has any ideas where the point about activity being contained within the vehicle comes from?
"All roadworthy vehicles may use a designated lay-by to rest... No offence or contravention is committed if the activity is contained within the vehicle. As soon as tables/chairs/cooking etc takes place outside the vehicle then an offence is committed and can be adjudged as “camping”."
Is it just that you can't legally camp in a layby, therefore if they think you're camping, that's not ok? But sleeping within your car for example is fine?
Source (which seems to contain a few errors in citing the legislations):
https://www.highland.gov.uk/news/article/13720/ove...
Isn't that just a long winded way of saying 'no alfresco dogging' allowed.There's a specific point they repeat and I can't find where it comes from in any legislation. Wondering if anyone has any ideas where the point about activity being contained within the vehicle comes from?
"All roadworthy vehicles may use a designated lay-by to rest... No offence or contravention is committed if the activity is contained within the vehicle. As soon as tables/chairs/cooking etc takes place outside the vehicle then an offence is committed and can be adjudged as “camping”."
Is it just that you can't legally camp in a layby, therefore if they think you're camping, that's not ok? But sleeping within your car for example is fine?
Source (which seems to contain a few errors in citing the legislations):
https://www.highland.gov.uk/news/article/13720/ove...
Many car parks allover the Highlands have had no overnight parking signs for years but its never been enforced.
The fishermen's car park on bought road in Inverness has always had a no overnight sign yet the last few years I've seen up to 6 campervans a night parked there, and counting all the others parked along the roadside once counted 19 one morning.
This year Bught Road is being redeveloped as an active travel area so has been closed since November and when reopened will be a single lanes the ampersand crowd and van life crowd are now setting up in the residential streets round the Bught Park
The fishermen's car park on bought road in Inverness has always had a no overnight sign yet the last few years I've seen up to 6 campervans a night parked there, and counting all the others parked along the roadside once counted 19 one morning.
This year Bught Road is being redeveloped as an active travel area so has been closed since November and when reopened will be a single lanes the ampersand crowd and van life crowd are now setting up in the residential streets round the Bught Park
Tommo87 said:
It’s actually quite clear, if you step back.
Lay-bys are for parking. Camper vans can park and people can sleep in them, as can people in their cars if required. But campers and caravans also have cooking and toilet facilities.
If you pitch a tent,/ piss and st in the bushes you are ‘wild camping’ (camping outside of a recognised/licenced campsite) and that is how you will be treated.
I’m guessing that the lay-bys have been overwhelmed with people pitching tents to keep costs down,
But wild camping is legal in Scotland, isn't it?Lay-bys are for parking. Camper vans can park and people can sleep in them, as can people in their cars if required. But campers and caravans also have cooking and toilet facilities.
If you pitch a tent,/ piss and s
t in the bushes you are ‘wild camping’ (camping outside of a recognised/licenced campsite) and that is how you will be treated.I’m guessing that the lay-bys have been overwhelmed with people pitching tents to keep costs down,
whiteyB said:
Yeah I know that's the kind of message they're trying to get across but I just can't trace it all back through to the underlying legislation or case law that they're using.
Roads (Scotland) Act 1984 s129(4) makes it an offence to camp on a road in Scotland. Cat
768 said:
Tommo87 said:
It’s actually quite clear, if you step back.
Lay-bys are for parking. Camper vans can park and people can sleep in them, as can people in their cars if required. But campers and caravans also have cooking and toilet facilities.
If you pitch a tent,/ piss and st in the bushes you are ‘wild camping’ (camping outside of a recognised/licenced campsite) and that is how you will be treated.
I’m guessing that the lay-bys have been overwhelmed with people pitching tents to keep costs down,
But wild camping is legal in Scotland, isn't it?Lay-bys are for parking. Camper vans can park and people can sleep in them, as can people in their cars if required. But campers and caravans also have cooking and toilet facilities.
If you pitch a tent,/ piss and s
t in the bushes you are ‘wild camping’ (camping outside of a recognised/licenced campsite) and that is how you will be treated.I’m guessing that the lay-bys have been overwhelmed with people pitching tents to keep costs down,
If you stop at a very remote lay-by (and north west Scotland is the most remote place and has the least population density in the UK) late at night on a weekend. How is it going to be enforced? The nearest traffic warden or police officer is probably 2 hours away.
https://maps.app.goo.gl/koApydDoKiZi5dUNA?g_st=ic
https://maps.app.goo.gl/koApydDoKiZi5dUNA?g_st=ic
Mr Miata said:
If you stop at a very remote lay-by (and north west Scotland is the most remote place and has the least population density in the UK) late at night on a weekend. How is it going to be enforced? The nearest traffic warden or police officer is probably 2 hours away.
https://maps.app.goo.gl/koApydDoKiZi5dUNA?g_st=ic
Probably enforced by irate locals beeping their horns as you try and sleep at 2am. There have been many YouTube videos of people being confronted/attacked/assaulted by locals and saying how attitudes to car/van campers has changed and are not welcome. https://maps.app.goo.gl/koApydDoKiZi5dUNA?g_st=ic
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